FHA reasonable accommodation
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Auer deference and the Fair Housing Act – does Kisor change anything?
Just last week the Supreme Court took a long hard look at something called “Auer deference” and decided that it would remain the law, but with some strings attached. Kisor v Wilke, No. 18-15 (June 26, 2019). I’ve never once had the occasion to mention Auer deference in this blog or in any brief I’ve filed Continue reading
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Reasonable accommodation requests – what can a landlord ask for?
A client of mine was recently advised that the client’s FHA forms for reasonable accommodation requests were illegal because “The law specifically prohibits inquiry into the nature or extent of a disability.” This is a common misconception, and one that can easily result in an apartment complex full of supposed therapy animals owned by individuals Continue reading
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“Dwellings” and discrimination under the Fair Housing Act
Sanzaro v. Ardiente Homeowners Ass. et al, 2:11-cv-01143-RFB, 2017 WL 5895133 (D. Nevada June 29, 2017) asks whether the clubhouse in a planned development is a “dwelling” for purposes of the Fair Housing Act. The Court doesn’t answer the question, but is one worth thinking about when trying to decide how the idea of disability discrimination applies Continue reading
